Replies to post #17981 on Hyperdynamics Corp (HDYNQ)

[TOB]

Read some of the links I provided regarding the FCPA, and especially consider this quote:

If you dig into the details of most corporate FCPA enforcement actions you quickly discover that the alleged conduct at issue occurred 5-7 years, 7-10 years, and in some instances, 10-15 years prior to the enforcement action.

It is a nightmare, and not only are Statute of Limitations routinely ignored, a cooperating company will likely agree to tolling (suspending SOL during the investigation), or wave an SOL defense.

Without a criminal indictment there simple is no SOL defense. The DOJ can surely pursue a case in which there is a defense, they do it all the time. But the key is, there very likely won't be a criminal indictment. That threat alone is sufficient that a public company like HDY will cooperate with the DOJ.

There is also certainly no SOL on investigations. It is a big game of chicken in which the DOJ is not the chicken and the majority of cases are resolved with fines, without there being a criminal indictment.

It is all about cooperation and for HDY, and seeking a resolution without an indictment. Unfortunately the DOJ is not pressed for time.

BTW, conspiracy is what makes the act ongoing, such as a cover-up of a past event. The final act is then the date to start counting, not the original event. But this is only relevant to an actual indictment. HDY is spending the big bucks to avoid indictment, not defend against it.

If alternatively the investigation is for more recent events, it all plays out the same way regardless.